A production worker spends most of work time performing tasks with the help of a computer, and this work is often accompanied by a significant emotional load due to high responsibility. Is that person entitled to additional paid annual vacation leave read further.
Legal framework
According to Article 76 of the Labor Code of Ukraine and part 1 of Article 4 of the Law of Ukraine “On Vacation Leave” (hereinafter – the Law) one of the types of annual additional vacation leave is leave due to the special nature of work.
Article 8 of the Law establishes that annual additional leave for the special nature of work is granted to certain categories of employees whose work is associated with increased neuro-emotional and intellectual load or is performed in special natural geographical and geological conditions and conditions of increased health risk, - duration of up to 35 calendar days according to the List of industries, works, professions and positions approved by the Cabinet of Ministers of Ukraine (hereinafter – the List).
Duration of vacation leave
The specific duration of annual additional leave for the special nature of work is established by a collective or labor agreement, depending on the time of employment of the employee in these conditions.
The duration of annual additional leave for working with a computer is provided for in the subsection “Other types of production” of Chapter XXII “General professions in all branches of the economy” of List No. 1290-2. The maximum period of such leave is four calendar days per year.
The Procedure for applying the List was approved by Order No. 16 of the Ministry of Labor and Social Policy of Ukraine of January 30, 1998 (hereinafter – the Procedure).
Procedure of providing additional leave
In accordance with items 6 and 7 of the Procedure, additional leave for the special nature of work is granted in proportion to the time actually worked. In calculating the time that entitles an employee to such a vacation, the days when the latter was actually engaged in work with the special nature for at least half of the duration of the working day established for employees of these industries, workshops, professions, and positions are included.
Therefore, employees whose work with a computer is at least half of the working day have the right to annual additional paid leave for the special nature of work.
Accounting of the time worked for each type of work is carried out by the owner or an authorized body.
The decision to grant annual additional leave to employees in each specific case is made by the employer, taking into account the specified requirements.
Since the legislation does not specify how such accounting is carried out, the company independently decides on the procedure. In addition, annual additional leave for the special nature of work specified by law must be provided to relevant employees in a mandatory manner, including if the enterprise has not concluded a collective agreement or the collective agreement does not establish a guarantee regarding the establishment of such vacation leaves for employees.
Pursuant to Article 28 of the Law on Vacation Leave, persons guilty of violating the legislation I this regard are liable in accordance with the law.
